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News & Views Monday 27th July to Sunday 2nd August 2015

Beaurish Tigere Wins Right to a Student Loan
Beaurish Tigere a 19-year-old Zambian national has lived in the UK since she was six. Her immigration status was regularised in 2012 whereupon she was granted three years' discretionary leave to remain. By virtue of her immigration status she was ineligible for a student loan. She fought the decision through the UK appellant system, initially going to the High Court.

The High Court found that the blanket exclusion from eligibility for student loans based on the Appellant's immigration status was a disproportionate interference with her right of access to education under A2P1 and unjustifiable discrimination linked to national origin contrary to Article 14 ECHR.

The Secretary of state sought to overturn the decision in the Court of Appeal, who allowed the Secretary of State's appeal on the basis that this was an area of national strategic policy related to the distribution of scarce resources and so a broad margin of appreciation should be afforded to government policy.

Tigre, undaunted by the setback, appealed to the Supreme Court.

Read more: 'Kids For law' here . . . .


US State Department: 2015 Trafficking in Persons Report

This year's Report places a special emphasis on human trafficking in the global marketplace. It highlights the hidden risks that workers may encounter when seeking employment and the steps that governments and businesses can take to prevent trafficking, including a demand for transparency in global supply chains.

The Trafficking in Persons (TIP) Report is the U.S. Government's principal diplomatic tool to engage foreign governments on human trafficking. It is also the world's most comprehensive resource of governmental anti-human trafficking efforts and reflects the U.S. Government's commitment to global leadership on this key human rights and law enforcement issue. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it. The U.S. Government uses the TIP Report to engage foreign governments in dialogues to advance anti-trafficking reforms and to combat trafficking and to target resources on prevention, protection and prosecution programs. Worldwide, the report is used by international organizations, foreign governments, and nongovernmental organizations alike as a tool to examine where resources are most needed. Freeing victims, preventing trafficking, and bringing traffickers to justice are the ultimate goals of the report and of the U.S Government's anti-human trafficking policy.

Reports Country by Country
http://www.state.gov/j/tip/rls/tiprpt/2015/index.htm


Alice Wanju-Maina Released From Yarl's Wood IRC
Today Monday 27th July 2015, Alice Wanju-Maina was freed from Yarl's Wood IRC following a bail hearing in which she proudly wore her Freedom Now T-Shirt, the T-shirt that Serco tried so hard to get her to remove with threats, intimidation and isolation. Alice will join the 'Shut Down Yarl's Wood IRC' demonstration on the 8th August. See N&V 26th July 2015


Don't Cut Support for Asylum Seeking Families
The Home Office has announced as of Monday 10th August 2015 that all destitute asylum seekers awaiting a decision on their claim will now receive the same weekly allowance of £36.95 per person.

This will mean a significant cut to the levels of support that families with children aged under 16 will receive, with single parent families being hit particularly hard. A lone parent with two children will see their asylum support payments cut by 26% from the 10th of August.

Children's health will suffer as a result.

Say no to this amendment to asylum support and ensure basic conditions are met for these vulnerable children.

Petition to: Theresa May; Keith Vaz

Reverse the decision by Parliament to reduce asylum support rates for children to the same as those for adults.

Sign the Online Petition here
https://you.38degrees.org.uk/petitions/support-asylum-seeking-families

Source for this message: Nottingham No-Borders


US: Release Detained Migrant Children, Mothers
A United States federal court ruling against the Obama administration's detention of migrant families ruling is a significant step toward protecting the rights of children, Human Rights Watch said today. Under the decision, announced on July 24, 2015, the government may not hold children with their parents in prison-like facilities, and mothers who do not present a flight or security risk should be released with their children. "The federal court very clearly found that locking up families harms children," said Clara Long, US immigration researcher at Human Rights Watch. "The US should move swiftly to end its deplorable practice of detaining migrant families."

Federal District Court Judge Dolly Gee in Los Angeles ruled that an 18-year-old settlement between the US government and child migrants still applies to children now detained with their parents. In April, Judge Gee had issued a tentative ruling saying the 1997 settlement in Flores v. Meese applied to children in family detention, and directed the government and lawyers for the migrant children to negotiate an agreement in compliance with it. No such agreement was reached. In her decision last week, Gee gave the government until August 3 to present a plan to carry out the ruling.
Read more: Human Rights Watch, <> 27/07/2015


Young Gifted Without Status - Not Entitled to a Student loan

Demonstrate, 08:45 Wednesday 29th July 2015

Supreme Court, Parliament Square, SW1P 3B

UK Supreme Court decision - R on the application of Tigere, to be handed down

Beaurish Tigere is a 19-year-old Zambian national who has lived in the UK since she was six. Her immigration status was regularised in 2012 whereupon she was granted three years' discretionary leave to remain. By virtue of her immigration status she is ineligible for a student loan. The court will decide if this is lawful or unlawful!

Young people - primarily from BME backgrounds - who migrated to the UK when they were children but do not yet have 'settled' status in the UK are ineligible for student finance and so are blocked from attending university and achieving their full potential in life. Most of these young people will not be granted indefinite leave to remain ('settled' status) until they are 30 years old.

Young people have decided that it is very important that they put on a show of strength on Wednesday 29th July. They believe this is especially true in the event that it is a negative outcome as they wish to show that they will not be giving up and will be taking their campaign onwards.

Owen Bowcott wrote an excellent article on the issue in the <http://www.theguardian.com/uk-news/2015/jun/24/pupils-denied-university-place-immigration-status-should-get-loans>Guardian

Source for this message: Just for Kids Law
Support, advice and legal representation for young people in difficulty http://www.justforkidslaw.org/


Asylum Research Consultancy COI Update Volume 107
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 15th July 2015 and 27th July 2015 - Volume 106  <> here . . .


Home Office Snatch Vehicles Vandalised
Government vehicles reportedly had their tyres slashed and paint work scratched by vandals while immigration officials launched a raid in east London. Three vans market 'Immigration Enforcement' were said to have been targeted along with another unmarked silver car in Shadwell on Wednesday. The incident apparently happened as more than a dozen officials were called to the area to round up three suspected illegal immigrants from Bangladesh who were thought to be working in a nearby shop. But when they returned to the vans, provided by the Home Office, they were reportedly pelted with eggs and found their vans had been damaged.
Read more: Evening Standard, 26/07/2015


 

Home Office Appeal Against DFT Decision - Booted out of High Court

The Court of Appeal has today Wednesday 29th July 2015, dismissed the Lord Chancellor's appeal against the ruling of the High Court that the Detained Fast Track appeals process is unlawfully unfair to asylum-seekers. The ruling is a blow to the government's hopes of restarting the systemic detention of asylum-seekers, after Ministers suspended the Fast Track on 2 July 2015. The Court of Appeal upheld the High Court order of 12 June 2015 quashing the procedural rules governing the Detained Fast Track asylum appeals process.  Under the Fast Track Rules, appeals are processed according to severely truncated timescales while the asylum-seeker is in detention.  

Following the High Court judgment and a further ruling of unlawfulness in a case brought by individual asylum-seekers, Minister for Immigration James Brokenshire announced on 2 July 2015 the suspension of the Detained Fast Track.  He stated to Parliament his hope that the pause 'would be short in duration, perhaps only a matter of weeks.'  Today's ruling is likely to be a serious setback to this aspiration. 
Read more: Detention Action full press release <> here . . . .


Manigue Lukeni Koba, Snatched and Deported to Paris Suburb

Originally to be removed on Monday 20th July the removal was stayed on Saturday 18th July pending further representation, from Migrant Law Partnership (MLP).

MLP were waiting for a date for her bail hearing. No fresh removal directions had been served or set. No notices, no faxes, calls or emails from UKBA. No removal directions were notified to Manigue or MLP.

Without telling Manigue or MLP she was woken this morning Monday 27th July at 2:00 am and told she was to be interviewed and to get dressed. That was of course a lie. She was bundled into a van and taken to the airport and removed sometime before 8:00am this morning. In France we are told by her mother she was handed a letter asking her to leave France within 30 days and transported to the outskirts of Paris where she was dumped.


Open Consultation Practice Guidance on Female Genital Mutilation

This public consultation is to enable the government to ensure that the new guidance captures the full range of evidence, responsibilities, duties and good practice to support professionals in safeguarding women and girls from FGM.

The consultation seeks views on the content and detail of new statutory guidance on FGM to be commenced towards the end of 2015.

This consultation is open to the public. We are particularly interested to hear from health care professionals, the police, the judiciary, teachers, social workers, criminal justice practitioners, survivors of FGM, organisations representing victims/survivors, community groups and leaders, safeguarding professionals, front line workers, service providers, NHS organisations, schools and governors, regulatory bodies, and local authorities.

Home Office First published: 22 July 2015


Not Enough Done For Survivors of Trafficking & Modern Slavery
Recent figures indicate an increase in the number of victims of human trafficking and modern-day slavery in the UK. Yet a recent report from the Human Trafficking Foundation has accused the government of failing to provide adequate protection to individuals who have been trafficked, often leaving them exposed to further exploitation or vulnerability.

Discussions around human trafficking and slavery have emphasized the need to broaden the definition of what counts as abuse and the importance of ensuring that people who may come into contact with potential victims are able to identify the risk. A better understanding of what amounts to abuse may by one of the reasons why figures produced by the National Crime Agency (NCA) show there has been an increase in reporting of potential victims of trafficking. This trend is expected to continue but it is concerning that, according to the Guardian, 'the majority of potential survivors chose not to be referred,' and are, therefore, still not being accounted for in assessing how many individuals are at risk.
Read more: Gherson, 23/07/2015


UNHR: Concluding observations 7th periodic report of the UK - July 2015

Immigration Detention
21. The Committee is concerned that no fixed time limit on the duration of detention in Immigration Removal Centres has been established and that individuals may be detained for prolonged periods. It further notes that the detained fast track (DFT) system in the asylum process suffers from a number of apparent deficiencies, including for failure in preventing torture survivors from entering the DFT system and providing effective access to justice, and that it has been criticized by domestic courts and has been suspended by the Immigration Minister on 2 July 2015 pending a comprehensive review that is ongoing (arts. 7, 9, 10, and 13).

The State party should:
(a) establish a statutory time limit on the duration of immigration detention and ensure that detention is a measure of last resort and is justified as reasonable, necessary and proportionate in the light of the relevant circumstances;

(b) Ensure that reforms to the detained fast track (DFT) system are fully compliant with the State party's obligations under the Covenant. It should also ensure that the system protects vulnerable persons, and provides for effective safeguards against arbitrariness and for effective access to justice, including to legal aid.

Right of Entry and Deprivation of Citizenship
15. While noting the authority of States to establish laws regarding the acquisition, renunciation or loss of nationality, the Committee is concerned about the introduction of Temporary Exclusion Orders and the use of citizenship deprivation orders in the terrorism context. The Committee is concerned about the possibility of persons being rendered stateless as a result of such measures (arts. 12(4) and 24(3)).

The State party should review its laws to ensure that restrictions on re-entry and denial of citizenship on terrorism grounds include appropriate procedural protections, and are consistent with the principles of legality, necessity and proportionality. The State party should also ensure that appropriate standards and procedures are in place to avoid rendering an individual stateless.

Diplomatic Assurances and Non-Refoulement
19. The Committee is concerned that the State party continues to rely on its Deportation with Assurances (DWA) policy to justify the deportation of foreign nationals suspected of terrorism-related offenses to countries where it is reported that they may face a real risk of torture or other forms of ill-treatment and notes that, while there are no plans to abandon the policy, its framework is under review by the Independent Reviewer of Terrorism Legislation. Despite the memoranda of understanding on deportation with assurances concluded with a number of countries and arrangements for post-transfer monitoring, the Committee remains concerned that these measures may not ensure that the affected individuals will not be subject to treatment contrary to articles 6 and 7 of the Covenant (arts. 2, 6 and 7).

The Committee recalls its previous recommendation (CCPR/C/GBR/CO/6, para. 12) and recommends that the State party strictly apply the absolute prohibition against refoulement under articles 6 and 7 of the Covenant; continue exercising the utmost care in evaluating diplomatic assurances; ensure that appropriate, effective and independent post-transfer monitoring of individuals who are transferred pursuant to diplomatic assurances are in place; refrain from relying on such assurances where the State party is not in a position to effectively monitor the treatment of such persons after their extradition, expulsion, transfer or return to other countries; and take appropriate remedial action when assurances are not fulfilled.

Download the full document <> here . . . .


 

Last updated 30 July, 2015